The New Mexico Association of Nonpublic Schools (NMANS), a state affiliate of CAPE, is at the center of a battle about a provision in the state’s constitution that discriminates against students in private schools.

At issue is whether the New Mexico Supreme Court ruled correctly when in 2015 it determined that providing state-purchased textbooks and other instructional materials to students in private schools was unconstitutional.

Article XII, Section 3 of the New Mexico Constitution says that no state funds “shall be used for the support of any sectarian, denominational or private school, college or university.” Essentially similar language, known as Blaine amendment language, exists in the constitutions of 38 states.

Read more about the report in the December issue of CAPE Outlook.